H1-B1 Visa

The H-1B1 visa is similar to the H-1B and is for persons in "specialty occupations. In order to qualify for H-1B1 classification, the applicant must have a specialized knowledge and must have at least a US bachelor’s degree or its equivalent. Also required is a requirement that the new job needs to be filled by someone with a bachelor’s degree or its equivalent. You will need to have the help of your employer; called a “sponsoring employer”.

Can I bring my family to the United States?

Yes. Your spouse and children under 21 can join you. What is their status? They can enter as H-4 dependents. Can they work? Not unless they enter with a different type of visa. However they can attend school up to 12th grade. If they need to work or go to school beyond the 12 grade, then they should apply for a different type of visa. Take a look at the student visa section discussing the F-1 or M-1 visas for more information.

How do I apply for an H1-B1 Visa?

The H1-B1 visa does require a U.S. sponsor. You must have the help and cooperation. The process begins with a written job offer of employment by the employer. Unlike the H-1B, there is no need for the employer to file an I-129 Petition with the USCIS in the U.S. However, like the H-1B, a prevailing wage needs to be obtained and a Labor Condition Attestation (LCA) needs to be filed.

What documents do you need to apply for the H1-B1 Visa?

Both the applicant and the employer are required to file documents for the H-1B1 visa. The applicant is required to submit the following documents when applying for an H-1B visa abroad:

• Form DS 160 with one recent photograph,
• DS-157 Supplemental Nonimmigrant Visa Application is required of men aged 16-45,
• A passport valid for travel to the United States for at least six monthly longer than your intended visit.
• Proof of nonimmigrant intent

The employer needs to provide the following:

• Copy of the certified LCA
• Written offer of employment